• President of UOKiK Tomasz Chróstny has issued objections to the acquisition by Kaufland Polska Markety of the right to commercial space used by the E.Leclerc hypermarket in Kielce.
• The transaction may lead to reduced competition in the local market, to the disadvantage of consumers themselves.
• The objections shall not prejudge the final decision in this case.

The subject matter of the concentration is the acquisition by Kaufland Polska Markety of a portion of the assets of Wanship, that is the shopping facility in Pasaż Świętokrzyski in Kielce where an E.Leclerc store operates.

In this case, it was necessary to conduct a market survey and verify the data presented by the acquiring company in its application for approval of the transaction. Therefore, the President of the Office referred the case to stage 2.

"The analysis showed that the concentration may result in a restriction of competition in the local retail market for daily consumer goods in hypermarkets, supermarkets and discount stores. This would be detrimental to competition between traders, as well as to consumers in Kielce themselves. That is why I presented my objections to the concentration," says UOKiK President Tomasz Chróstny.

The analysis of this case and previous case law of the office and antitrust authorities of other countries show that the area of competition of large stores for customers is an area with a radius of up to a 10- to 15-minute car ride. This is the maximum distance consumers are typically willing to travel in search of a hypermarket, supermarket or discount store.

Objections to concentrations

In cases where there is a reasonable likelihood that competition will be significantly restricted as a result of company consolidation, the President of the Office presents the entrepreneur or entrepreneurs participating in the concentration with objections concerning the planned transaction. The objections shall contain a statement of reasons and shall not prejudge the final decision in the proceedings.

In accordance with the provisions, entrepreneurs shall have 14 days to respond to the objections. This deadline may be extended by another two weeks upon their request.

Additional information for the media:

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